Buzbee v. Castlewood Civic Club, C14-86-675-CV

Decision Date30 July 1987
Docket NumberNo. C14-86-675-CV,C14-86-675-CV
Citation737 S.W.2d 366
PartiesMichael BUZBEE and Robert Gene Buzbee, Appellants, v. CASTLEWOOD CIVIC CLUB and W.L. Jarvis, Appellees. (14th Dist.)
CourtTexas Court of Appeals

James S. Kelly, Houston, for appellants.

Kenneth C. Kobobel, Houston, for appellees.

Before JUNELL, SEARS and DRAUGHN, JJ.

OPINION

DRAUGHN, Justice.

Appellees Castlewood Civic Club and W.L. Jarvis brought suit against appellants Michael Buzbee and Robert Gene Buzbee to enjoin them from violating the restrictive covenants applicable to certain lots in the Castlewood subdivision. In three points of error, appellants argue that the trial court erred (1) in finding that appellees' cause of action was not barred by the four year statute of limitations; (2) in finding that the doctrine of laches did not bar appellees' cause of action; and (3) in ordering appellants to immediately cease all business operations. We find error in the judgment and accordingly, modify the judgment and affirm it as modified.

Appellants own six lots in the Castlewood subdivision. All lots in the subdivision are subject to certain deed restrictions. Appellees alleged that appellants were operating a business, specifically a junkyard, in violation of these covenants.

After a trial on the merits, the court made written findings of fact and conclusions of law. In its findings of fact, the court found that appellants violated deed restrictions one and four, which state:

1. All sites except those fronting on Lakemont Drive and Lauder Road shall be for residence purposes only. Said tracts facing on Lakemont Drive and Lauder Road may be used for business sites. However, sellers reserve the right to approve type of building and type of business, and all front elevations on business property shall be made of either tile, brick, stone, plastic, or concrete blocks. Sides of building of metal or wood must be painted immediately upon completion, the purpose being to maintain a high standard and to eliminate the type of business that may be objectionable to a desirable residential section.

4. No billboards shall be enacted or maintained on said tract. No church may be constructed or maintained on any residential tract. No junkyards, no tourists camps, no dance halls, no used-car lots, and no beer gardens may be maintained on said property.

The court also found that the character of the business operated by appellants on the six lots in the Castlewood subdivision changed substantially in 1982. In its conclusions of law, the court held that the four year statute of limitations did not bar appellees/plaintiffs' cause of action and that the doctrine of laches did not bar appellees' cause of action.

In their first and third points of error, appellants challenge the court's conclusions of law that appellees' cause of action is not barred by the four year statute of limitations. In their first point of error, appellants primarily concentrate on appellees' allegation that they violated paragraph four of the deed restrictions which prohibits the operation of junkyards. Appellants protest the court's finding that they are operating a junkyard. They contend that they have operated a trucking business since 1977 on the six lots in the Castlewood subdivision and that this business has been operated in the same manner since the business began. Therefore, appellants conclude the court's finding that a substantial change occurred since 1982, which tolled the statute of limitations, is erroneous. We disagree.

Initially, we note that in a nonjury case the trial court's findings of fact and conclusions of law have the same force and dignity as does a jury verdict on special issues. City of Clute v. City of Lake Jackson, 559 S.W.2d 391, 395 (Tex.Civ.App.--Houston [14th Dist.] 1977, writ ref'd n.r.e.); Nelson v. Jordan, 663 S.W.2d 82, 86 (Tex.App.--Austin 1983, writ ref'd n.r.e.). These findings of fact are reviewable for legal and factual sufficiency of the evidence supporting them by the same standards as are applied in reviewing the legal or factual sufficiency of the evidence supporting a jury's answer to a special issue. L.R. French v. Diamond Hill-Jarvis Civic League, 724 S.W.2d 921, 922 (Tex.App.--Fort Worth 1987, no writ). When these findings of fact and conclusions of law are supported by competent evidence they will not be disturbed on appeal, even though they appear to be against the preponderance of the evidence, unless they are so against the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. Nelson, 663 S.W.2d at 86; Gill v. Guy Chipman Company, 681 S.W.2d 264, 270 (Tex.App.--San Antonio 1984, no writ). In determining whether the court's findings are sustained by any evidence of probative force, this court may consider only that evidence favorable to the finding and the judgment rendered thereon and must disregard all evidence to the contrary. Gill, 681 S.W.2d at 267; L.R. French, 724 S.W.2d at 922.

Actions to enforce restrictive covenants are controlled by the four-year statute of limitations. Hidden Valley Civic Club v. Brown, 702 S.W.2d 665, 668 (Tex.App.--Houston [14th Dist.] 1985, no writ); Park v. Baxter, 572 S.W.2d 794, 795 (Tex.Civ.App.--Tyler [12th Dist.] 1978, writ ref'd n.r.e.); Schoenhals v. Close, 451 S.W.2d 597, 599 (Tex.Civ.App.--Amarillo 1970, no writ). And, according to the trial court's findings of fact, appellees' brought their cause of action within four years of the time they learned of the violation of paragraph four of the deed restrictions. The trial court expressly found (1) a substantial change in the character of the business has occurred since 1982 and (2) the statute of limitations did not apply. The implied finding that supports those express findings is that the change in the character of the business tolled the statute of limitations.

Viewing only the evidence favorable to the finding, the record reflects that prior to 1982 appellants simply parked trucks on the lots and welded and repaired dumpsters. After 1982 appellants began bringing in scrap iron, old vehicles, batteries and tires. Appellants carried loads of old vehicles, scrap iron, batteries, tires, and other miscellaneous items through the subdivision and, occasionally, pieces would fall off the trucks and leave metal shavings on the street. The evidence indicates that appellants frequently burned...

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12 cases
  • City of Houston v. Harris County Outdoor Advertising Ass'n
    • United States
    • Texas Court of Appeals
    • June 16, 1994
    ...findings of fact and conclusions of law have the same force and dignity as does a jury verdict on special issues. Buzbee v. Castlewood Civic Club, 737 S.W.2d 366, 368 (Tex.App.--Houston [14th Dist.] 1987, no writ). Findings of fact are reviewable for legal and factual sufficiency of the evi......
  • Girsh v. St. John
    • United States
    • Texas Court of Appeals
    • March 29, 2007
    ...1st Dist. 1998, no pet.); Colton v. Silsbee State Bank, 952 S.W.2d 625, 630 (Tex.App.-Beaumont 1997, no writ); Buzbee v. Castlewood Civic Club, 737 S.W.2d 366, 368 (Tex.App.-Houston 14th Dist. 1987, no writ); Park v. Baxter, 572 S.W.2d 794, 795 (Tex.App.-Tyler 1978, writ ref'd n.r.e.). An e......
  • Gross v. Gross
    • United States
    • Texas Court of Appeals
    • April 4, 1991
    ...findings of fact and conclusions of law have the same force and dignity as does a jury verdict on special issues. Buzbee v. Castlewood Civic Club, 737 S.W.2d 366, 368 (Tex.App.--Houston [14th Dist.] 1987, no writ). Findings of fact are reviewable for legal and factual sufficiency of the evi......
  • Sebesta v. Daniels
    • United States
    • Texas Court of Appeals
    • June 27, 1991
    ...court's findings of fact and conclusions of law have the same force and dignity as a jury verdict on special issues. Buzbee v. Castlewood Civic Club, 737 S.W.2d 366, 368 (Tex.App.--Houston [14th Dist.] 1987, no writ). Findings of fact are reviewable for legal and factual sufficiency of the ......
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